M.Palani v. The Managing Diretor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Palani .....
Petitioner Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3. The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.
.....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to revise the petitioner wages with effect from 01.09.2016 based on the 13th wage settlement dated 04.01.2018 and pay him the arrears of wages payable from 01.09.2016 to
30.11.2016, difference in leave salary, gratuity and arrears of pension from 01.12.2016 to 31.08.2019 along with interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.
For Petitioner : Mr.P.Manoj Kumar For R1 & R2 : Mr.R.Venkatesa Perumal Standing Counsel For R3 : Mr.C.S.K.Sathish
ORDER
The present writ petition has been filed by a Driver of the respondent Transport Corporation, who attained superannuation on 30.11.2016.
2. According to the learned counsel appearing for the writ petitioner, after his retirement, the Trade Union and the Management has entered into a Settlement under Section 12(3) of the Industrial Dispute Act, on 04.01.2018, wherein, monetary benefits were conferred with effect from 01.09.2016.
3. Seeking the above said benefits, the petitioner has sent a representation to the respondents on 16.02.2023. Since there is no response, the present writ petition has been filed.
4. Heard the learned counsel appearing on either side and perused
the materials available on record.
5. Considering the above said facts, the respondents are directed to confer the eligible benefits along with interest at the rate of 6% per annum from the due date till the date of realization upon the writ petitioner within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
28.02.2024 (2/3) Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
G.K.ILANTHIRAIYAN. J, Lpp
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3. The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 600 002.
28.02.2024 (2/3)